Case Summary (G.R. No. 245334)
Key Dates
June 1, 2016 – Arrest and confiscation of the folding knife.
June 2, 2016 – Filing of Information for violation of BP 881, Section 261(p).
March 22, 2017 – RTC decision finding petitioner guilty.
August 31, 2018 – CA Decision affirming RTC.
February 14, 2019 – CA Resolution denying reconsideration.
February 8, 2023 – Supreme Court decision granting the petition.
Applicable Law
• 1987 Philippine Constitution, Article III, Section 14(2) (presumption of innocence).
• Batas Pambansa Bilang 881, Section 261(p) (Omnibus Election Code), as amended by Section 32 of RA 7166.
• COMELEC Resolution No. 10015 (ban on firearms and deadly weapons during election period).
• 2011 PNP Criminal Investigation Manual (chain of custody and evidence handling).
Factual Background
During an “Oplan Sita” checkpoint in Barangay Poblacion, Muntinlupa City, police officers observed petitioner riding a motorcycle without a helmet and lacking license and plate number. Upon his detention, officers allegedly discovered a folding knife in the motorcycle compartment, marked “MRTJ,” photographed, and turned over to SPO4 Ty for safekeeping. A COMELEC certification confirmed no authorization for deadly weapons.
Trial Court Decision
The RTC found all elements of illegal possession of deadly weapons established: (1) possession of a folding knife during the election period; (2) carrying in public; and (3) absence of COMELEC authorization. Petitioner was sentenced to three to six years imprisonment, disqualification from public office, deprivation of suffrage, and forfeiture of the knife.
Court of Appeals Decision
The CA affirmed the RTC, holding the arrest lawful and the knife admissible. It added that petitioner, having pleaded without challenging his arrest, was estopped from contesting evidence legality. The CA also rejected arguments on exemption from the COMELEC ban.
Issue
Whether the prosecution proved beyond reasonable doubt that petitioner committed illegal possession of a deadly weapon under Section 261(p) of BP 881, as amended.
Supreme Court’s Ruling
The petition is GRANTED. The CA Decision and Resolution are REVERSED and SET ASIDE. Petitioner is ACQUITTED for failure of the prosecution to prove guilt beyond reasonable doubt.
Analysis on Chain of Custody
The Court applied the 2011 PNP Manual’s requirements for marking, preservation, and continuity of custody:
- Marking must include exhibit case number, collector’s signature, time, date, and location. Only initials “MRTJ” were noted.
- No testimony on preservation measures or packaging separate from other evidence.
- Absence of a documentary chain of custody form; no accounting of every person handling the knife.
- Marking occurred at the station rather than at the
Case Syllabus (G.R. No. 245334)
Facts
- On June 2, 2016, an Information was filed charging petitioner Mark Ramsey Javier y Titular with a violation of Section 261(p) of Batas Pambansa Bilang 881 (Omnibus Election Code), as amended by Section 32 of RA 7166, for bearing one folding knife during the election period without COMELEC authorization.
- Around 5:50 a.m. on June 1, 2016, PNP officers Claudel, Mejos, and Gaerlan, while conducting “Oplan Sita” at Barangay Poblacion, Muntinlupa City, flagged down a motorcyclist for lacking a helmet. The rider—later identified as petitioner—allegedly fled, was pursued, and apprehended.
- Petitioner could not produce a driver’s license or registration and explained that his license was lost and the motorcycle was newly purchased without plates. He was handcuffed and taken into custody.
- During custodial search, officers retrieved and confiscated a folding knife from the motorcycle compartment. PO1 Mejos marked it with the initials “MRTJ,” had it photographed, and turned it over to SPO4 Ty for safekeeping.
- The prosecution presented a COMELEC certification dated July 5, 2016, confirming that petitioner neither applied for nor received written authority to carry deadly weapons during the May 9, 2016 elections.
- Petitioner denied ownership of the knife, insisting he first saw it at the police station, and disputed any evasion of police orders at the checkpoint.
Procedural History
- RTC Branch 276, Muntinlupa City (March 22, 2017) found petitioner guilty beyond reasonable doubt of violating Section 261(p) BP 881, sentenced him to three to six years’ imprisonment without probation, imposed disqualification from public office and deprivation of suffrage, and ordered forfeiture of the knife to the FEO.
- CA in CA-G.R. CR No. 40014 (August 31, 2018 Decision; February 14,